Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1726 of 2010 Petitioner :- Smt Sheela Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Kr. Shrivastava Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant is a lady and got married with the co accused Manish Pratap
Singh on 9.11.2009 and the raid is alleged to have been made on 22.11.2009,
immediately after 12 days of the marriage and it is absolutely unnatural and
unbelievable that the applicant , who was a newly wedded wife of the co
accused Manish Pratap Singh , would assist her husband and other co ccused
in preparing forged certificates. He further submits that the appliant being a
lady is entitled to the benefit provided under section 437 Cr.P.C. and her case
is distinguishable from other co accused including her husband. He further
submits that the applicant has no criminal history and is in jail since
27.11.2009.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Sheela involved in Case Crime No. 519 of 2009 under
Sections 420,467,468,471 I.P.C., P.S. Refinery, District Mathura be released
on bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 22.1.2010
MLK